RULE 4. DISCIPLINARY MATTERS REFERRED TO THE COURT

(a) Docketing. The clerk of court will maintain a miscellaneous attorney disciplinary matter docket and will assign a number to each matter. (b) Merits or Motions Panel. When attorney misconduct under these rules occurs within the context of a case before a merits panel or a motions panel, that panel may impose any discipline except disbarment, suspension, or a monetary sanction over $1,000. The proceeding is conducted in accordance with Rule 5. In lieu of conducting its own proceeding, a majority of the panel may refer the matter to the Standing Panel on Attorney Discipline. (c) Standing Panel on Attorney Discipline. (1) (2) (3) (4) The Standing Panel must conduct proceedings in any matter in which disbarment, suspension, or a monetary sanction over $1000 may be considered, or in any matter referred by a merits or motions panel. The Standing Panel will consist of three (3) judges, at least two (2) of whom must be judges in regular active service, appointed by the Chief Judge. The Chief Judge may serve as a member of the Standing Panel. The initial appointments will be for one-, two-, and three-year terms, so that the members’ terms are staggered. Thereafter, a member will be appointed for a three-year term. A member who has served on the Standing Panel for three years is not eligible for appointment to another term until three years after termination of his or her last appointment. The chairperson of the Standing Panel shall be the senior judge in regular active service. If a member of the Standing Panel is unable or unavailable to hear a particular matter, the Chief Judge will appoint another judge to be a member of the Standing Panel for Federal Circuit Rules of Practice (December 1, 2025) Page 218 (Return to Table of Contents) that matter. If a member of the Standing Panel is unable to complete the remainder of his or her term for any reason, e.g., retirement, incapacity, death, the Chief Judge will appoint another judge to serve the remainder of the term.